If I move overseas, will my US apartment still be considered a domicile for tax purposes?
I own an apartment in NYC but my family and I are planning to relocate to Singapore (which doesn't have a tax treaty with the US). We're keeping our apartment here - not selling or renting it out. I'm trying to figure out if the IRS will still consider this apartment my "domicile" for tax residency purposes even though I won't be living there? I've been researching US tax residency criteria and noticed that having a domicile in the country is typically one factor that determines whether you're considered a tax resident. I'm confused about what exactly counts as a "domicile" - is it just any property you own? Or does it need to be your primary residence? If anyone has experience with international moves while keeping US property, I'd really appreciate your input! Trying to understand the tax implications before we make this big life change.
30 comments


Diego Rojas
The question of domicile is actually more complex than just property ownership. For US tax purposes, domicile is generally considered to be the place you consider your permanent home - where you intend to return even if you're living elsewhere temporarily. It's about your intent and connections more than just property. If you move overseas but maintain significant ties to the US (keeping your apartment unfurnished and available for your use, maintaining US bank accounts, driver's license, voter registration, etc.), the IRS could potentially view you as maintaining your US domicile. However, if you clearly establish a new life abroad (getting permanent residency in Singapore, moving your personal belongings there, enrolling kids in school there, etc.), then you could argue you've changed your domicile, even if you still own property in the US. Keep in mind that even if you establish a new domicile abroad, you'll still be a US citizen (assuming you are one), which means you're still subject to US taxation on worldwide income. You might qualify for Foreign Earned Income Exclusion or Foreign Tax Credits depending on your situation.
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Anastasia Sokolov
•So if I keep my US apartment but don't live there most of the year, could I still use the Foreign Earned Income Exclusion? And would the rental income from the apartment (if I decided to rent it out) be taxed differently than my regular income from working abroad?
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Diego Rojas
•You could still qualify for the Foreign Earned Income Exclusion if you meet either the Physical Presence Test (physically present in foreign country for 330 days in a 12-month period) or the Bona Fide Residence Test (establish residence in a foreign country for an entire tax year). Owning property in the US doesn't automatically disqualify you. Rental income from your US apartment would be considered US-source income and would be taxable in the US regardless of your residency status. It's not eligible for the Foreign Earned Income Exclusion because it's not earned income from personal services. You would report it on Schedule E and could deduct related expenses like mortgage interest, property taxes, insurance, maintenance, and depreciation.
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Sean O'Donnell
I went through something similar last year when I moved to Thailand. The tax situation was driving me crazy until I found https://taxr.ai - it literally saved me thousands! I uploaded my documents (previous returns, property info, etc.) and it analyzed my specific situation. It determined that yes, I still owned US property, but since I had established clear residence abroad (local bank accounts, lease agreement, utility bills), my "domicile" for tax purposes had actually changed. The tool helped me understand that domicile is more about your intent and where you plan to return to long-term rather than just property ownership. I ended up qualifying for the Foreign Earned Income Exclusion which saved me a ton!
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Zara Ahmed
•How accurate was the advice from that site? Did you double-check with an actual tax professional? I'm skeptical about these AI tools for something as important as international tax planning.
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StarStrider
•Does it work for people in my situation too? I'm a dual citizen (US/Canada) with property in both countries, and I'm constantly confused about where I'm considered a tax resident and which tax treaties apply.
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Sean O'Donnell
•The advice was spot-on! I did have a tax professional review everything afterward, and they confirmed the analysis was accurate. The tool doesn't replace professionals entirely, but it helps you understand your specific situation before spending hundreds on consultation fees. It absolutely works for dual citizens! The system is designed to handle complex international situations including property ownership across borders and applicable tax treaties. It specifically analyzes your personal situation rather than giving generic advice. You can upload your documents and get clarity on which country considers you a resident and how the tax treaties affect your obligations.
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StarStrider
Just wanted to follow up - I tried https://taxr.ai after seeing the recommendation here and it was incredibly helpful for my complex dual citizen situation! The system analyzed all my documents and gave me a detailed breakdown of my tax residency status in both the US and Canada. It showed me exactly how the US-Canada tax treaty applied to my situation with properties in both countries. The most helpful part was that it identified specific evidence I should maintain to prove my tax residency status to both tax authorities. I have much more confidence going into tax season now and actually learned I was overpaying in both countries! Definitely worth checking out if you're dealing with international tax questions.
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Luca Esposito
If you're having trouble getting clear answers about your tax residency status, I'd recommend trying https://claimyr.com to connect directly with an IRS agent. I was going in circles with similar questions last year and couldn't get through on the regular IRS line (was on hold for HOURS). Claimyr got me connected to a real IRS agent within 15 minutes who clarified exactly how my overseas property was viewed for tax purposes. They have a demo video at https://youtu.be/_kiP6q8DX5c that shows how it works. Basically, they use technology to navigate the IRS phone system for you and call you when they have an agent on the line. The agent explained that merely owning US property doesn't automatically create domicile - it's about your overall connections to the US vs. your new country. They asked about things like where I keep personal belongings, where my family is, voting registration, etc.
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Nia Thompson
•How does this service actually work? Sounds too good to be true considering how impossible it is to reach anyone at the IRS these days.
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Mateo Rodriguez
•I'm skeptical... the IRS agents I've spoken with in the past have given me contradictory information about international tax issues. How do you know the info you got was accurate? Domicile determination seems like it would require a tax attorney not just a phone agent.
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Luca Esposito
•It's actually quite simple. They use an automated system that dials and navigates the IRS phone tree constantly until they reach a human agent. When they get someone, they instantly connect you to the call. No magic, just smart technology solving a frustrating problem. The agent I spoke with specifically worked in the international tax department and was very knowledgeable about domicile issues. You're right that complex legal determinations might need a tax attorney, but for understanding how the IRS views certain factors in domicile determination, they were extremely helpful. They directed me to specific IRS publications that addressed my situation and clarified which factors carry the most weight in their analysis. It was definitely more useful than guessing or reading conflicting information online.
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Mateo Rodriguez
I need to eat my words and follow up on my skeptical comment. After struggling for weeks with this domicile question for my move to Dubai, I broke down and tried Claimyr. Within 20 minutes (!!!), I was talking to someone in the IRS international tax department. The agent walked me through the specific factors they look at when determining domicile: where your permanent home is, where your family lives, where your personal belongings are located, where you're registered to vote, where you have driver's licenses/bank accounts, and most importantly - your demonstrated intent to return to the US or stay abroad permanently. For my specific situation with property in both countries, they explained exactly what documentation to maintain to support my position if I'm ever questioned. Completely worth it - saved me thousands in potential mistakes.
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Aisha Abdullah
One thing that hasn't been mentioned yet is the Substantial Presence Test, which is separate from the domicile question. Even if you establish a new domicile abroad, you could still be considered a US tax resident if you spend too many days in the US. The formula is: all days present in current year + 1/3 of days in previous year + 1/6 of days in the year before that. If that total is 183 or more, you're considered a US resident for tax purposes unless you qualify for exceptions. So if you're planning to visit your US apartment regularly, be careful about tracking your days!
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Ethan Wilson
•Does this test apply to US citizens too? I thought citizens were taxed on worldwide income regardless of where they live or how many days they spend in the US?
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Aisha Abdullah
•The Substantial Presence Test primarily applies to non-citizens/non-permanent residents to determine if they're US tax residents. You're absolutely right that US citizens are taxed on worldwide income regardless of where they live - it's one of the few countries that taxes based on citizenship rather than residence. So for US citizens, the Substantial Presence Test doesn't change their obligation to file and report worldwide income, but it's still relevant for determining things like which foreign tax provisions they might qualify for.
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NeonNova
As someone who moved from Boston to Malaysia 3 years ago while keeping my condo in the US, here's my practical experience: 1) The IRS looks at your overall situation to determine domicile - not just property ownership 2) I still file US taxes (citizens must), but qualify for Foreign Earned Income Exclusion 3) I rent out my US condo and pay US tax on that income (it's US source) 4) Key for proving foreign domicile: foreign bank accounts, housing contract, utility bills, foreign driver's license, club memberships, etc. 5) Document your moving expenses and shipping of personal belongings This isn't just about taxes but also state-specific obligations. I formally terminated my MA residency to avoid state taxes. The most helpful thing was keeping a detailed calendar of my physical presence in each country.
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Yuki Tanaka
•Did you have to file any special forms with Massachusetts to terminate your residency? I'm in a similar situation with my apartment in NYC but moving to Singapore, and I'm wondering about NY state taxes.
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Camila Jordan
This is such a timely question! I'm currently dealing with a similar situation as a tax preparer who specializes in expat returns. The key distinction everyone's touching on is absolutely correct - domicile is about intent and your center of vital interests, not just property ownership. The IRS looks at the totality of circumstances including where you maintain bank accounts, voter registration, professional licenses, family ties, and personal belongings. For your Singapore move specifically, a few important considerations: 1) Singapore doesn't have a tax treaty with the US, so you won't get treaty benefits that might reduce withholding on US-source income 2) If you do rent out the NYC apartment later, you'll face 30% withholding on gross rental income (not net) unless you elect to treat it as effectively connected income and file a US return 3) Keep detailed records of your move - shipping receipts, lease agreements in Singapore, utility connections, etc. This documentation will be crucial if the IRS ever questions your domicile change 4) Consider the timing of your move for tax purposes - if you move mid-year, you might want to file as a dual-status taxpayer The Foreign Earned Income Exclusion will likely be your friend here, assuming you meet either the physical presence or bona fide residence test. Just remember it only applies to earned income, not investment income or rental income from your US property.
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Carmella Fromis
Great question! I went through something very similar when I moved to London while keeping my apartment in Chicago. The domicile determination can be tricky, but here's what I learned: The IRS considers multiple factors beyond just property ownership when determining domicile - it's really about where you consider your "permanent home" and intend to return to. Some key factors they look at: - Where your family lives - Location of personal belongings and sentimental items - Bank accounts and financial ties - Voter registration and driver's license - Professional licenses and business interests - Social and religious connections Since you're keeping the NYC apartment unfurnished and not renting it out, that actually works in your favor for establishing Singapore as your new domicile. The fact that you're moving your family there and presumably establishing a new life (bank accounts, housing, etc.) shows clear intent to make Singapore your primary home. One thing to be extra careful about: even if you establish foreign domicile, track your days in the US carefully. Too many days back home visiting your apartment could still trigger US tax residency under the Substantial Presence Test. Also, since Singapore doesn't have a tax treaty with the US, make sure you understand how Singapore will tax you as well - you don't want to end up with unexpected double taxation on any income streams. Document everything about your move - it'll be invaluable if questions ever arise!
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Hannah White
•This is really helpful! I'm curious about the documentation aspect you mentioned - what specific documents did you keep to prove your intent to establish domicile in London? I'm planning a similar move to Germany and want to make sure I have everything properly documented from the start. Did you have to provide any of this documentation to the IRS, or was it more of a precautionary measure?
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Giovanni Martello
•@Hannah White Great question! I kept copies of everything that showed my intent to establish UK domicile: my UK lease agreement, utility bills in my name, UK bank account opening documents, employment contract with my London company, shipping receipts for moving my belongings, and even my UK gym membership and library card registrations. I also documented the abandonment "of" my US domicile by keeping records of forwarding my mail to the UK address, updating my address with US financial institutions, and getting a UK driver s'license though (I kept my US license valid for visits .)The IRS never specifically asked for this documentation, but when I filed my first return as an expat claiming the Foreign Earned Income Exclusion, having this paper trail gave me confidence that I could substantiate my bona fide residence if questioned. My tax preparer said it s'much better to have it and not need it than to scramble for proof years later during an audit. For your Germany move, definitely get everything translated to English and keep both originals and translations. The German bureaucracy actually helps here - they document everything! Your Anmeldung residence (registration will) be particularly valuable evidence.
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Aisha Hussain
This thread has been incredibly helpful! I'm planning a similar move to Australia while keeping my property in San Francisco, and the domicile vs. property ownership distinction is much clearer now. One additional point I'd add based on my research: if you're planning to eventually return to the US and want to maintain your domicile here (rather than establishing a new one abroad), you need to be very intentional about maintaining those ties everyone mentioned. Things like keeping your voter registration active, maintaining US bank accounts as your primary accounts, and storing important personal belongings in your US apartment can help demonstrate that Singapore is temporary even if it's for several years. The key seems to be consistency between your actions and your stated intent. If you truly intend to make Singapore your permanent home, then fully commit to establishing those ties there. But if you see it as a temporary assignment with plans to return, make sure your actions support that narrative. Has anyone dealt with the state tax implications? I'm wondering if California will try to claim I'm still a resident even if I establish foreign domicile for federal purposes.
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Carmen Diaz
•Great point about the intent consistency! California is notoriously aggressive about maintaining state tax residency claims. They have a "safe harbor" provision where if you're out of the state for at least 546 days in a continuous period, you're generally considered a non-resident, but they also look at factors like where you maintain professional licenses, business interests, and family connections. Since you're keeping San Francisco property, California might argue you maintained a "permanent place of abode" there. The key is documenting that Australia became your primary residence - get an Australian tax file number, open local bank accounts, register with local authorities, etc. Also consider whether you need to formally establish a "closest connection" to Australia vs. California. One thing that helped in my situation was getting a letter from my employer confirming the move was indefinite/permanent rather than a temporary assignment. California FTB has been known to audit expats years later, so definitely keep detailed records of your time outside the state and your establishment of Australian residency!
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CosmicCrusader
This is such a great discussion! I've been following along because I'm in a similar situation - moving to Japan next year but keeping my Denver condo. One aspect I haven't seen mentioned yet is the impact on future estate planning. If you establish foreign domicile, it can affect how your US property is treated for estate tax purposes. The IRS looks at domicile at the time of death, not just during your lifetime, which could be important if you're planning to eventually pass the NYC apartment to family members. Also, for those mentioning the challenges of reaching the IRS - I've found that written correspondence through certified mail sometimes gets better responses than phone calls for complex international tax questions. The IRS has specific addresses for international taxpayer inquiries, and having written documentation of their responses can be valuable if your situation is ever questioned later. @Chloe Martin - given that Singapore has no tax treaty with the US, you might also want to research whether Singapore will consider you a tax resident there and how they'll treat any US-source income (like potential future rental income from your apartment). Some countries have very different rules about what constitutes tax residency, and you don't want any surprises on the Singapore side either!
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Ravi Patel
•Excellent point about the estate planning implications! I hadn't considered how domicile at death could affect the tax treatment of US property for inheritance purposes. That's definitely something to discuss with an estate planning attorney, especially for higher-value properties like NYC apartments. Your suggestion about written correspondence is really smart too. I've found that complex international tax questions often get better, more detailed responses through written inquiries, and having that paper trail can be invaluable. The IRS international taxpayer services division tends to be more knowledgeable about these nuanced domicile questions than general customer service agents. @CosmicCrusader @Chloe Martin - Great point about Singapore s'tax residency rules! Singapore actually has a territorial tax system and generally only taxes income earned in or remitted to Singapore. However, they do have specific rules about when someone becomes a Singapore tax resident generally (if you re'in Singapore for 183+ days in a year or if you re'employed in Singapore .)It s'worth understanding both sides to avoid any unexpected tax obligations or beneficial planning opportunities.
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Amara Nnamani
This is such a comprehensive discussion! As someone who recently went through a similar international move, I wanted to add a few practical considerations that might be helpful. One thing that really helped me was creating a "domicile transition checklist" to ensure I was consistent in establishing my new foreign domicile. This included things like: - Opening local bank accounts and making them your primary accounts - Getting local phone service and utility accounts in your name - Registering with local tax authorities in Singapore - Getting a local driver's license (if you plan to drive there) - Joining local clubs, gyms, or community organizations - Establishing relationships with local service providers (doctors, dentists, etc.) The key insight from my tax attorney was that the IRS looks for a "preponderance of evidence" - they want to see that the majority of your life connections point to your new country rather than the US. Since you're keeping your NYC apartment unfurnished and not renting it out, document this decision well. Having it sit empty (rather than being set up as a home you could immediately return to) actually supports the argument that Singapore has become your primary domicile. Also consider the timing of your move - if you move mid-year, you might benefit from filing as a dual-status taxpayer for that transition year, which could optimize your tax situation. Good luck with your move! Singapore is an amazing place to live.
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Ana Rusula
•This checklist approach is brilliant! I'm bookmarking this thread because I'm potentially facing a similar move to the UK next year. The "preponderance of evidence" concept really helps me understand what the IRS is actually looking for - it's not just about ticking boxes but showing where your life genuinely centers. One question about your experience: how long did it take you to feel confident that you had established sufficient evidence of your new domicile? I'm wondering if there's a general timeframe where you start to feel "safe" that the IRS would recognize the change, or if it's really just about accumulating as much evidence as possible from day one? Also, did you find any particular types of evidence were more valuable than others in demonstrating your intent? For example, does getting local medical care carry more weight than joining a gym membership, or are they all just pieces of the same puzzle?
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Anastasia Fedorov
This has been an incredibly informative thread! As someone who works in international tax compliance, I wanted to add a few technical points that might help clarify the domicile vs. tax residency distinction for @Chloe Martin and others in similar situations. First, it's important to understand that "domicile" and "tax residency" are actually separate concepts, though they often overlap. Domicile is more of a legal concept about your permanent home and intent, while tax residency can be determined by various tests (physical presence, closer connection, etc.). For US citizens, you'll always be subject to US taxation on worldwide income regardless of domicile - but establishing foreign domicile can be crucial for: 1) Qualifying for Foreign Earned Income Exclusion 2) State tax purposes (as others mentioned) 3) Estate planning implications 4) Potential future expatriation decisions Regarding your specific Singapore situation - the lack of a tax treaty actually makes documentation even more important. Without treaty protections, you want to be absolutely clear about your status to avoid any double taxation issues. One practical tip: consider getting a formal legal opinion from a tax attorney about your domicile change, especially given the value of NYC real estate. The cost upfront could save significant issues later if the IRS questions your position. The physical presence test for Foreign Earned Income Exclusion (330 days in any 12-month period) might be easier for you to meet than the bona fide residence test initially, so track your days carefully from day one of your move.
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Sara Hellquiem
•This distinction between domicile and tax residency is really helpful to understand! I've been following this thread as someone new to international tax issues, and it's clarifying a lot of confusion I had. @Anastasia Fedorov - your point about getting a formal legal opinion is interesting. For someone like @Chloe Martin who s just'starting to plan this move, at what point would you recommend getting that formal opinion? Should it be before making the move to help with planning, or after establishing some evidence of the new domicile? Also, I m curious'about the practical aspects of tracking the 330 days for the Physical Presence Test. Do people typically use apps or spreadsheets for this? With international travel it seems like it could get complicated quickly, especially if you re making'trips back to check on your US property. The comment about NYC real estate values making documentation extra important really resonates - I imagine the IRS might scrutinize higher-value property situations more carefully than someone keeping a small condo somewhere.
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